Vacate: Settlement Recommendation

08F-1864-ROC · Registrar of Contractors · 2008-12-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The consolidated matters came on for hearing as scheduled. Prior to the presentation of evidence, the parties entered negotiations resulting in the following settlement agreement. 1. Docket Number 08F-1864-ROC: The Complaint is withdrawn. The Corrective Work Order has been satisfied. In addition, the carpet seam will be inspected and appropriate repairs made by the carpet subcontractor. If repair costs exceed $100.00, the Respondent will execute the repairs, which repairs are to be completed by January 31, 2009. 2. Docket Number 08F-1865 ROC: The Respondent shall begin to perform repairs in the manner accomplished in 08F-1864 ROC, by December 18, 2008. 3. In addition to the above cases, the parties settled cases identified as T08-0902 and T08-1472. These cases appear to be pending at the Registrar of Contractors (ROC) and have not been forwarded to the Office of Administrative Hearings (OAH) which has no jurisdiction at the present time. However, the following information is forwarded to the ROC in the interest of administrative efficiency. The terms of the instant settlement include the following. 4. 08T-1472 the Respondent shall repair (replace) the bowed stud in the bedroom closet door wall, replace the drywall and trim, to be accomplished by January 31, 20094. The Complainant shall be responsible for repainting, including the cost of the paint. 5. 08T-0902 The Respondent shall complete the repairs of the squeaky floor in the same manner as 08F-1864, by January 31, 2009. 6. The parties anticipate reasonable access will be granted by the homeowners upon reasonable notice to the homeowners of when the corrective work is to be performed. 7. The parties agree that if no notice is given to the ROC or OAH of the inadequacy of the corrective work performed or other basis for a non compliance Complaint, by February 17, 2009, then the cited case(s) will be deemed closed as withdrawn.[1] Conclusions of Law 1. By virtue of the Agreement, all the rights and defenses of the parties are merged therein and if any petition for further hearing or for a rehearing is to be filed and granted, or if any new complaint is filed against the Respondent, the sole issue for determination will be whether the parties performed their respective obligations under the terms of the Agreement 2. The law favors the settlement of disputes. Adverse parties are free to adjust their differences by entering settlements which should be recognized and given effect by all tribunals. 3. The Agreement as set forth, having been found to be reasonable and voluntary, warrants the termination of the hearing and a closing of the case. Recommended Order In view of the foregoing it is recommended that the Citation and Complaint in this case be closed as settled and the Complaint withdrawn[2].

Done this day, December 9, 2008.

_________________________________ Allen Reed Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2008 to:

Armando Contreras , Director Registrar of Contractors 3838 N. Central Ave. Phoenix, AZ 85012

By _______________________________

----------------------- [1] The parties were informed of the potential for the February 17, 2009, date possibly preceding the effective date of the Order in this case. [2] The decision in the case shall be effective forty (40) days from the date of the decision, or if certified by the Director of the Office of Administrative Hearings, forty (40) days from the date of certification.

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826